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Justice and Law in the ECAL
The Confederate States of Latin America has a highly decentralised government structure, with most offences proscribed by the State governments. With the exception of military offences, the Federal Code contains treason, piracy (which includes airline hijackings), breach of contract, defrauding the Confederacy, purjury (to a Federal Court, or to Parliament), contempt (in a Federal Court, or Parliament), currency crimes, and banking crimes. All of the states, and the Buenos Aires Federal Territory all have similar punishments for most crimes. All of thestates governed by the Partido Republicano Constitucional have the death penalty for murder, and rape, as do the states governed by the Partido de la Democracia Cristiana, and several states governed by the Partido Laborista Socialista). Most states, and the Federal Government include asset forfeiture for crimes against property (double the value of property in question). If a criminal's assets are not sufficient, the criminal goes into indentured servitude until the debt is discharged. For the commission of bodily harm, asset forfeiture is double the medical costs for the victim's recovery, and as before, if the criminal's assets are insufficient, the criminal goes into indentured servitude. Indentured servitude means being gaoled, and forced to work. Government infrastructure projects are a common form of work for prisoners. They are "paid" for the work. All prisoners are expected to work to cover the costs of their confinement, with the exception of prisoners on death row who's costs are covered by the state. Convicted criminals also have to work to cover the costs of the police investigation into their crimes. The basic accomodations for prisoners are Army Tents, and cots. Food consists of military rations. A deduction from the prisoners' pay is made to cover the costs of these accomodations. Depending on the productivity of a prisoner, he can upgrade his accomodations, from the basic accomodations, to a three-man cell, to double cell, and finally a single cell. Food can also be upgraded depending on productivity. (N.B. Prisoners being held for questioning, or remanded for trial do not have to cover their own costs, they are accomodated in cells, and given normal food, all at the expense of the government of the jurisdiction in which they are being held) Prisoners on indentured servitude cannot upgrade their accomodations until their debt is discharged (N.B. This applies for offences which have both an indentured servitude and pure custodial element). The ECAL has no laws against blackmail, unless the blackmailer is concealing a crime (i.e. the blackmailer threatens to inform the police of a crime unless the blackmailee complies with his terms). = Crime & Punishment = * Treason = Minimum: 20 years; Maximum: Death (High Treason); Maximum: Death (Espionage which directly causes death), Life (Espionage which does not directly cause death) * Espionage (by a foreigner) = Maximum: Death * First-degree murder = Minimum: 20 years; Maximum: Death * Second-degree murder = Minimum: 10 years; Maximum: Life imprisonment * Manslaughter = Maximum: 25 years * Negligent homocide = Maximum: 15 years * Hit-and-run = Up to 7 years imprisonment, asset forfeiture/indentured servitude (non-fatality); As for manslaughter (fatality) * Tax evasion = Asset forfeiture/indentured servitude * Shoplifting = Asset forfeiture/indentured servitude * Pickpocketing = Asset forfeiture/indentured servitude * Vandalism = Forced to clean all damage, Asset forfeiture/indentured servitude * Rape = Maximum: Death * Non-rape sexual abuse = Maximum: Life * Theft of private property = Asset forfeiture/indentured servitude * Physical assault (no weapon) = Asset forfeiture/indentured servitude for medical costs, 50 lashes * Assault with a deadly weapon = Asset forfeiture/indentured servitude for medical costs, 100 lashes * Kidnapping = 25 Years to Life Imprisonment, Asset forfeiture/indentured servitude for medical costs (in the case of injury) * Leading/Inciting a riot = 4 years imprisonment * Participating in a riot = 1 year imprisonment * Breaking and entering = Asset forfeiture/indentured servitude, plus 50 lashes * Fraud = Asset forfeiture/indentured servitude, plus 100 lashes * Non-sexual child abuse = Minimum: 10 years, Maximum: Life * Animal abuse = Minimum: 10 years, Maximum: Life * Bestialty = Minimum: 10 years, Maximum: Life, plus 50 lashes * Pedophilia = Minimum: 25 years, Maximum: Life, plus 200 lashes * Promoting public unrest/disorder = Minimum: 2 years, Maximum: 7, plus 10-100 lashes * Littering = Fine of $50-300 * Speeding = Fine of between $90-1000, plus suspension of license from 3 months, to life * Driving through a red light = Fine of between $90-1000, plus suspension of license from 3 months, to life * Indecent exposure = 50 lashes * Counterfeiting money = Asset forfeiture/indentured servitude =Procedures= Procedures in the several states, and the Confederate States are the same, with only minor variations. After arrest, the suspect may only be held for 24 hours without charge. He has the following rights while being held: *The right to remain silent *Protection against self-incrimination *The right to legal representation *No questioning without legal representation *Food, drink, and accomodation at the state's expense The only answer that can be compelled is name, date of birth, and address. If the prosecutors decide to proceed with a case, they must convene a Grand Jury in order to obtain an indictment. Grand Juries consist of twenty citizens to whom the evidence is presented. A super majority of fourteen jurors is required to indict a suspect. If the victim of a crime does not wish to proceed with prosecution, then a prosecution must be abandoned. This applies at any time up to conviction and sentencing. After this time, the victim of a crime may release the criminal from his sentence. This does not apply to murder, manslaughter, or negligent homocide. If the victim of a crime is a child, then the parents/guardians of the child can exercise the rights described above. Criminal trials follow British procedures. At trial, the defendant has the following rights: *The right to remain silent *The right to refuse to give self-incriminating testimony *The right to face his accusers *The right to supoena witnesses *The right to jury trials *The right to a speedy trial *Reasonable bail within the defendant's ability to pay *Food, drink, and accomodation at the state's expense *Protection from double-jeopardy *The right to appeal a verdict A jury consists of twelve citizens who are registered to vote, and have no felony convictions. Conviction requires a unanimous decision. With regard to bail, if a defendant is aquitted, all bail monies are returned, and are matched by the prosecuting attorney, and the police officer in charge of the case (i.e. if bail is set at $1000, in the event of aquittal, the defendant's bail money is returned, and the attorney and police officer in charge of the case must also pay $1000 between them). Arraignment proceedings operate on a basis of presumed bail, the government must show good cause for remand. Double compensation for lost income is to be paid to the defendant as well. The Government cannot appeal a verdict, nor can the victim. =Extradition= Extradition is under the jurisdiction of the Federal Government, and hearings are held before a Grand Jury and a Judge. The Confederate States of Latin America will extradite prisoners to foreign countries under the following conditions: *The applicant's government is not a communist government. *The applicant's government is not a military junta. *The applicant has taken no unilateral action within the Confederate States. (i.e. the applicant's police, operating covertly in the Confederate States have attempted to kidnap the defendant and smuggle him back to their own country for trial. **Any attempt at unilateral action by a foreign country's agents in the Confederate States will be treated as espionage, and probably subject to the death penalty. *The charge under which the defendant is to be extradited is also a crime in the Confederate States of Latin America. *The applicant must show sufficient evidence to convince a Grand Jury (see above) to indict the defendant. *The applicant must satisfy the court that its legal system guarantees the same protections as exist in the Confederate States. *The application is made within seven years of the offence being committed. The extradition hearing result cannot be appealed by the applicant, however the Defendant can appeal all the way to the Federal High Court. =Immigrants, citizenship, and criminal punishment= The Confederate States has a relatively free immigration policy, anyone is allowed to enter, work, and remain with the following exceptions: *Convicted felons *Those considered a threat to national security *Persons carrying highly infectious diseases In addition, people from certain countries cannot enter the Confederate States., if those countries are deemed to be terrorist-sponsor states, or enemy states. Exceptions can be made if a claim for assylum is proven to the Ministry of Foreign Affairs. Citizenship however, is very difficult to get. To become a citizen, an immigrant must: *Speak Spanish fluently. *Read and write in Spanish. *Have lived and worked in the Confederate States for fifteen years. *Have no criminal convictions whatsoever. *Pass a history test. *Pass a civics test. *Pay a fee of $1000. Citizenship can also be granted by the Ministry of Defence. to immigrants who have served 5 years in the Confederate States armed forces. Earlier granting of citizenship is done in the following cases: *Being awarded a decoration for bravery in the face of the enemy. *Being wounded in the service of the Confederate States. *Being killed in action. **In this case, the deceased immigrant soldier's spouse, and children also receive citizenship automatically. *Promotion to commissioned rank Citizenship is only automatic for the children of citizens. Previously, either both parents, or the father had to be a citizen for the child to be a citizen, but in 1984 that was relaxed to "one or both parents" regardless of sex. In the case of a Latin American marrying a citizen, the spouse becomes a citizen after 5 years of marriage, and the passage of the history and civics tests. However, citizenship brings only five privileges, being the ability to: *Vote in elections *Serve as an officer in the Confederate States armed forces *Serve in a jury *Serve as a judge (if suitably qualified and experienced, of course) *Serve in the Congreso, or a state legislature. An immigrant who is convicted of a crime can be banished from the ECAL forever. If it is a highly serious crime, the immigrant would also forfeit any assets in the ECAL. The cost of banishment must be borne by the immigrant criminal being banished out of his own assets. Most immigrants are dealt with through banishment, except for those sentenced to death. Only a citizen has a right to stay in the ECAL regardless of his/her acts. =Law Enforcement= Law enforcement in the ECAL occurs mainly at the state level in most criminal matters. The Federal Government operates the following law enforcement agencies, most of which are under the control of the Attorney General's Department. *Attorney General's Department **Policía Federal de America Latina: Enforces the Federal Code **Servicio Protector Federal: Protection of Federal Government buildings, vehicles, and personnel **Costumbres Federales: Enforces entry/exit rules, and transport security **Servicio de la Cuarentena Federal: Enforces quarantine laws **Gendarmeria Nacional de America Latina: Riot control, search and rescue, supplementing other Federal agencies, assisting State police agencies **Guardia de la Frontera de America Latina: securing Latin America’s land borders against illegal immigration, and other crimes. *Treasury **Servicio de la Investigación Financiera: enforcing Federal Treasury regulations, investigating crimes relating to securities and investments, investigating currency crimes, and investigating tax crimes. *Ministry of Defence **EEC Cuerpo del Policía Militar **Policías de Seguridad De la Fuerza Aerea **Policía Naval The Santiago de Chile Territorial Government is commissioned by the Federal Government, and it operates the Policía De Santiago. Each state operates its own police force. These police forces enforce the normal criminal laws in most cases. In the states of Ecuador, and Chile, most enforcing of normal criminal laws is done at the local level, with the state providing riot control and highway patrols. These state police forces do not have a highly centralised command structure. The people of a county elect a Sheriff, and he controls the state police in that county. The number of policemen assigned a county depends on the population of the county. The military police agencies operate only within the military forces. Their jurisdiction is limited to Reservaciones Militares Federales (Federal Military Reservations), and operational zones outside the ECAL (e.g. a combat zone). Their investigation jurisdiction inside the ECAL in Reservaciones Militares Federales is limited to exclusively military offences (like insubordination, or dereliction of duty). If a member of the armed forces commits a normal crime (such as rape and murder), the military authorities are required to turn their prisoners over to the state police, along with all evidence taken. Weapons of Federal Law Enforcement Agencies Federal law enforcement agencies sometimes carry much the same personal firearms as the Confederate States armed forces, or similar firearms. General weapons used in law enforcement are as follows: *FN Browning Hi-Power 9mm Pistol *Beretta 92 9mm Pistol *Smith & Wesson Classic 9mm Pistols *Glock 17, 19, 26 9mm Pistols *HK MP5 9mm Sub-machine Gun *Uzi 9mm Sub-machine Gun *FMK-3 9mm Sub-Machine Gun *FAMAE S.A.F. 9mm Sub-Machine Gun **FAMAE Mini S.A.F. 9mm Sub-Machine Gun *FN P90 5.7mm Sub-machine Gun *Gaili ARM 5.56mm Rifle *Mini Galil 5.56mm Carbine *Micro Galil 5.56mm Carbine *Remington 870 12ga Shotgun Weapons of some specific agencies: Policía De Santiago *Glock 22, 23, 27 .40S&W Pistols *Smith & Wesson Model 66 .357 Magnum Revolver *HK MP5/40 .40S&W Sub-machine Gun *HK33 5.56mm Carbine *HK53 5.56mm Carbine *Benelli M1 12ga Shotgun *Remington 700 .300 Police Sniper Rifle *HK69 40mm Grenade Launcher *MM-1 40mm Revolver Grenade Launcher Guardia de la Frontera de America Latina *Smith & Wesson Model 66 .357 Magnum Revolver *Ballester-Molina .45ACP Pistol *SIG-Sauer P220 .45ACP Pistol *HK UMP .45 Sub-machine Gun *Colt M16A2 5.56mm Rifle *HK G3 7.62mm Rifle *Benelli M1 12ga Shotgun *HK21E 7.62mm Light Machine Gun *M60 7.62mm General Purpose Machine Gun *FN MAG 7.62mm General Purpose Machine Gun Customs and the National Gendarmerie use some heavier weapons including the FN M2 QCHB 12.7mm Heavy Machine Gun. =Self Defence= All persons in the ECAL have the right to use any force deemed necessary for the defence of one's self, one's property, or the life and property of others. All instances of violent self-defence require investigation by the Police, and possible a legal hearing to ensure the full facts are discovered. Should a criminal be injured or killed by someone defending himself, or defending another, the criminal (or his relatives) have no legal recourse whatsoever. An attempt to bring a suit against someone defending himself or another will in all cases be dismissed, with the criminal forced to pay all costs. New laws introduced by President Bachelet mean that Latin Americans have the right to keep and bear any weapons which are useful in the defence of an individual. This in practice means the following: *Pistols *Rifles and carbines *Sub-machine guns *Shotguns *Automatic rifles *Light Machine Guns *General Purpose Machine Guns Latin Americans must obtain permission to own other types of weapons, and explosive/incendiary ammunition. Nuclear, biological, and chemical weapons are banned. People convicted of a felony are not allowed to own firearms unless they have for five years after release not committed any crime. After that, they are permitted possession and use of a firearm for home defence, and sporting. They may not carry a firearm in the street, or anywhere else outside their homes. =Intelligence and Security Services= The Confederate States of Latin America has several intelligence services. They are listed under the department that controls them. *Ministry of Defence **Jefatura de Inteligencia del Estado Mayor Conjunto de las Fuerzas Armadas (orders of battle, coordination of other defence intelligence assets, special operations) **Central de Reunion de Inteligencia Militar (military intelligence coordination) **Direccion Nacional de Inteligencia Estrategica Militar (strategic military intelligence, counter-proliferation) **Servicio de Inteligencia del Ejercito (combat command advice, orders of battle) **Servicio de Inteligencia Naval (SIGINT, naval intelligence, combat command advice) **Servicio de Inteligencia de la Fuerza Aérea (Air Force Intelligence Service, combat command advice, orders of battle, reconnaissance, SIGINT, ELINT, and PHOTINT) **Direccion de Senales Militares (Military Signals Directorate, SIGINT, COMINT, INFOSEC) *Ministry of Foreign Affairs **Direccion Nacional de Inteligencia (foreign intelligence, foreign counter intelligence) *Attorney General's Department **Organización de la Inteligencia y de la Seguridad (domestic counter intelligence) **Direccion de Observaciones Judiciales (warranted domestic communications surveillance) **Direccion Nacional de Inteligencia Criminal (organised crime, international crime) *President and Cabinet Department **Secretaria de Inteligencia ***Escuela Nacional de Inteligencia *Treasury **Unidad de Inteligencia Financiera Category:ECAL Category:Justice and Law